Daquan Jones cleared of all charges surrounding May 2012 shooting

TROY -- A jury cleared an 18-year-old man of all charges in the shooting of a 15-year-old last spring after a three-day trial and a day of deliberations Thursday.

Daquan Jones, who faced up to 15 years behind bars for the charges which included first-degree assault, was acquitted after a trial that saw both the victim and her mother testify that Jones had called them and apologized for the shooting.

Erica Gourrier, now 16, on Tuesday, testified how on May 22, 2012, she and a friend were waiting for a bus on the corner of Bond and River streets when an argument between Jones and another teen broke out.

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Fearing imminent danger, Gourrier said she and her friend were walking away from the scene when gunshots rang out. The pair ran, but before she could reach safety, Gourrier was struck in the back of the leg.

After spending five days at Albany Medical Center Hospital, Gourrier testified that she received a call from Jones apologizing for the shooting.

Gourrier said Jones called, identified himself, and said "I'm sorry, I didn't see you."

Police recovered five .22-caliber shells from the street where witnesses saw Jones standing before shots rang out, but no witness testified to Jones holding, or firing, a gun.

Prosecutors had tried to get the testimony of the other teen, William "Buddy" Gibson, who was arguing with Jones that evening, but were unable to locate him.

Defense attorney Robert Molloy called the case against Jones "weak" during his summations.

"Not one witness put a gun in my client's hand, no one saw him fire a gun," Molloy told the jury. "Daquan Jones is guilty of one thing, standing on a stoop and jawing."

The defense did not call any witnesses.

While direct witness testimony in the trial places Jones at the scene, no witness, including the victim, ever saw him draw a gun or fire a gun, something Molloy returned to again and again in his 20-minute summation.

Assistant District Attorney Michael Figgsganter said the case called for "common sense."

"I am not asking you to make assumptions," Figgsganter told jurors in his closing remarks. "I'm asking you to use the common sense that you use every day."

Jurors began their deliberations shortly before noon Thursday after receiving instructions Judge Debra Young and reached the not guilty verdict by 4:30 p.m.